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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 12-011284-CI
Section 11
CORNERSTONE COMMUNITY BANK, a Florida Banking
corporation,
Plaintiff, vs.
MARBLESIDE, L.L.C., a Florida limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Final Judgment of Foreclosure dated March 21, 2013, and entered in Case No. 12-011284-CI of the Circuit Court for Pinellas County, Florida, I will sell to the highest and best bidder for cash, online at www.pinellas.realforeclose.com, on the 26th day of APRIL, 2013, at 10:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
Parcel 1:
Lots 1, 2 and 3, and the East 24 and 15/100 feet (24.15) of Lot 4, and Lots 7 through 12, inclusive, Block D, REVISED MAP OF THE CITY OF ST. PETERSBURG, according to the map or plat thereof as recorded in Plat Book 1, Page 49, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH Exhibit A and Exhibit B.
Parcel 2:
Lot 5 and the West 9.85 feet of Lot 4, Block D, REVISED MAP OF THE CITY OF ST. PETERSBURG, according to the map or plat thereof as recorded in Plat Book 1, Page 49, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH Exhibit A.
Parcel 3:
Lot 6, LESS the West 6.50 feet thereof, Block D, REVISED MAP OF THE CITY OF ST. PETERSBURG, according to the map or plat thereof as recorded in Plat Book 1, Page 49, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
Parcel 4:
Lots 62 through 65, inclusive, WARD AND BAUM'S ADDITION TO ST. PETERSBURG, according to the map or plat thereof as recorded in Plat Book 1, Page 74, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH Exhibit A.
Parcel 5:
Lot 5, JOSEPH C. SIBLEY SUBDIVISION OF BLOCK 59 OF THE REVISED MAP OF ST. PETERSBURG, according to the map or plat thereof as recorded in Plat Book 4, Page 38, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH Exhibit B.
Parcel 6:
Lots 3 and 4, Block 6, REVISED MAP OF THE CITY OF ST. PETERSBURG, according to the plat thereof as recorded in Plat Book 1, Page 49, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH Exhibit B.
Exhibit A
SCHEDULE “A”
DESCRIPTION OF
COLLATERAL
All rights, title and interest of Debtor(s) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the real property described in this Schedule (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All Debtor(s) presently owned or hereafter acquired fixtures together with all parts, accessories and attachments, and all additions, replacements, insurance and other proceeds of the foregoing. Future advances are also covered. This Property includes, but is not limited to the following: All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the Property and all furniture, furnishings, fixtures, inventory, fittings, goods and materials on site, and articles of personal property of every kind and nature whatsoever excluding removable equipment and machinery, now or hereafter owned by the Debtor(s) and located in, on, or used or intended to be used in connection with or with the operation of the Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, accessions and/or replacements to any of the foregoing, and all of the personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Debtor(s) or on its behalf.
TOGETHER WITH all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof, and also all the estate, right, title, interest and all claims and demands whatsoever, as well in law as in equity, of the Debtor(s) in and to the same, and every part and parcel thereof, and also specifically but not by way of limitation all gas and electric fixtures, radiators, heaters, water pumps, air conditioning equipment, boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, and other plumbing and heating fixtures, mantels, refrigerating plants and ice boxes, window screens, all freezing, lighting, laundry, incinerating, and power equipment; engines, pumps, tanks, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, furnaces, oil burners or units thereof, appliances, air cooling and air conditioning apparatus, awnings, storm doors and windows, stoves, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings in commercial, institutional and industrial buildings, together with all building materials to be installed therein, screen doors, venetian blinds, cornices, storm shutters and awnings, which are now or may hereafter pertain to or be used with, in or on the Property, even though they may be detached or detachable, are and shall be deemed to be fixtures and accessories to the freehold and a part of the Property.
FURTHER TOGETHER WITH Debtor(s) interest as lessor in and to all rents, issues, income, profits generated through the use by Debtor(s) or others of the real or personal property encumbered by this instrument, including any such rents, issues, income, profits and any such payments in lieu thereof, of any business activity conducted by Debtor on or through the use of the Property, together with any and all guarantees of such leases and including all present and future security deposits and advance rentals, and the proceeds of all of the foregoing.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor(s) which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor(s) and which are now or hereafter located on the Property of any part or parcel thereof.
Any and all awards of payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property.
All of the right, title and interest of the Debtor(s) in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor(s) arising from contracts entered into in connection with development, construction upon or operation of the Property.
All Debtor's rights to any fictitious or other names or tradenames used in conjunction with the Property.
In the case of multiple Debtors the term “Debtor” or “Debtors”, as used herein, jointly and severally, includes all Debtors. The Property affected by the financing statement is owned by MARBLESIDE, L.L.C., a Florida limited liability company, and is legally described as attached hereto. Also encumbered are all Debtor's rights as provided in the Assignment of Rents, Leases, Contracts, Accounts and Deposits, Assignment of Permits, Contract Documents and Developer's Rights executed simultaneously herewith. A foreclosure of the indebtedness (or a voluntary conveyance in lieu of foreclosure) shall include foreclosure and/or transfer of all of Debtor's right, title and interest in all of the foregoing.
Exhibit B
SCHEDULE A
Collateral
CORNERSTONE COMMUNITY BANK, as Secured Party
ALL OF DEBTOR'S right, title and interest in and to the following, whether now existing or hereafter acquired:
1. All that tract or parcel of land (“Land”) more particularly described in Exhibit “A” attached hereto.
2. All buildings, structures and improvements (collectively, “Improvements”) now or hereafter located on the Land, including all machinery, apparatus, equipment and fixtures attached to, or used or procured for use in connection with the operation or maintenance of, any Improvement, all refrigerators, shades, awnings, venetian blinds, screens, screen doors, storm doors, storm windows, stoves, ranges, curtain fixtures, partitions, attached floor coverings and fixtures, apparatus, equipment or articles used to supply sprinkler protection and waste removal, laundry equipment, furniture, furnishings, appliances, office equipment, elevators, escalators, tanks, dynamos, motors, generators, switchboards, communication equipment, electrical equipment, television and radio systems, heating, plumbing, lifting and ventilating apparatus, air-cooling and air conditioning apparatus, gas and electric fixtures, fittings and machinery and all other personal property and equipment of every kind and description, excluding trade fixtures and personal property of any lessee, unless such trade fixtures or personal property become the property of Debtor upon expiration or termination of the term of the lease in question, and all accessions, renewals and replacements thereof and all articles in substitution therefor. Whether or not any of the foregoing are attached to the Land or any of the Improvements in any manner, all such items shall be deemed to be fixtures. The Land and Improvements are herein collectively called “Premises”. To the extent any of the Improvements are not deemed real estate under the laws of the State of Florida, they shall be deemed personal property and this grant shall include all of Debtor's right, title and interest in, under and to such personal property and all other personal property now or hereafter attached to or located upon the Premises or used or useable in the management, maintenance or operation of the Improvements or the activities conducted on the Premises, including all computer hardware and software, but excluding trade fixtures and personal property of any lessee, unless such personal property becomes the property of Debtor upon expiration or termination of the lease in question, and all accessions, renewals and replacements thereof and all articles in substitution therefor.
3. All now or hereafter existing easements and rights-of-way and all right, title and interest of Debtor, in and to any land lying within the right-of-way of any street, opened or proposed, adjoining the Premises, any and all sidewalks, alleys and strips and gores of land, streets, ways, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, air rights, development rights, covenants, conditions, restrictions, credits and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to, or above or below the Premises, whether now or hereafter existing.
4. All intangible rights, interests and properties of Debtor relating to the Premises or any part thereof, and necessary or desirable for the continued ownership, use, operation, leasing or management thereof, whether now or hereafter existing, including any trademarks, servicemarks, logos or trade names relating to the Premises or by which the Premises or any part thereof may be known, and any other franchises or other agreements relating to services in connection with the use, occupancy, or maintenance of the Premises, instruments, actions or rights in action and all intangible property and rights relating to the Premises.
5. All accounts receivable, insurance policies, contract rights, interests, rights under all oil, gas and mineral leases and agreements and all benefits arising therefrom, and all other claims, both at law and in equity, relating to the Premises, which Debtor now has or may hereafter acquire.
6. All estate, interest, right, title and other claim or demand which Debtor now has or may hereafter acquire in any and all awards or payments relating to the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Premises, including all awards resulting from a change of grade of any street and awards for severance damages, together, in all cases, with all interest thereon.
7. All proceeds of, and any unearned premiums on, insurance policies covering all or any part of the Premises, including the right to receive and apply the proceeds of all insurance or judgments related to the Premises, or settlements made in lieu thereof.
8. All estate, interest, right, title and other claim or demand which Debtor now has or may hereafter acquire against anyone with respect to any damage to all or any part of the Premises, including damage arising or resulting from any defect in or with respect to the design or construction of all or any part of the Improvements.
9. All deposits or other security or advance payments, including rental payments, made by or on behalf of Debtor to others in connection with the ownership or operation of all or any part of the Premises, including any such deposits or payments made with respect to (a) Impositions (as defined in that certain Mortgage, Assignment of Leases and Rents and Security Agreement executed by Debtor in favor of Secured Party), (b) insurance policies, (c) utility service, (d) cleaning, maintenance, repair or similar services, (e) refuse removal or sewer service, (f) rental of equipment, if any, used by or on behalf of Debtor, and (g) parking or similar services or rights.
10. All remainders, reversions or other estates in the Premises or any part thereof.
11. All management contracts, permits, certificates, licenses, approvals, contracts, entitlements and authorizations, however characterized, now or hereafter issued or in any way furnished for the acquisition, construction, development, operation and use of the Land, the Improvements or the leases, including building permits, environmental certificates, licenses, certificates of operation or occupancy, warranties and guaranties, except, in each case, to the extent that such mortgage, grant, assignment, transfer or pledge is restricted by the terms of such management contract, permit, certificate, license, approval, contract, entitlement or authorization and such restriction is enforceable under applicable law.
12. All right, title and interest of Debtor in and to all easements, roads, streets, ways, sidewalks, alleys, passages, sewer rights, other utility rights, encroachment rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, air rights, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to, or arising under any easement whether now or hereafter existing.
13. All proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing, including personal property acquired with cash proceeds.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
GERALD D. DAVIS;
Florida Bar No 764698
Trenam, Kemker, Scharf, Barkin,
Frye O'Neill & Mullis, P.A.
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
[email protected] /
[email protected]
727/896-7171/FAX 727-822-8048
ATTORNEYS FOR PLAINTIFF
16612438.1
April 5, 12, 2013 13-03671